We have discussed Texas open container laws many times before. To briefly recap, if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle, you can be cited for a Class C misdemeanor, which carries a $500 fine but no jail time. Of course, if you […]
When police respond to the scene of a car accident, they are not just looking to render assistance to anyone who has been injured. They are also looking for any evidence of drunk driving. And if an officer finds such evidence, the person identified as the driver may face serious criminal charges. This recent case […]
A felony DWI can become a murder charge if someone dies at the hands of a legally intoxicated driver. Texas follows what is known as a “felony murder” rule. For example, if you have two prior DWI convictions in Texas, the third DWI is prosecuted as a felony. But if that third DWI also involved […]
Having an open container of alcohol in your car is basically an invitation for police to stop and investigate you for a variety of other crimes, including drunk driving and possession of controlled substances. The mere presence of the open container is often enough to give an officer “probable cause” to believe you have committed […]
When there is any evidence to suggest that a traffic accident was the result of intoxication–which covers both drug and alcohol use–the driver may face intoxication manslaughter or intoxication assault charges if anyone else was killed or injured. These are serious crimes that can land a person in jail for decades depending on the circumstances […]
If you are arrested for drunk driving, the presence of an open container of alcohol in your vehicle can add fuel to the legal fire. In Texas, a first-time DWI is charged as a Class C misdemeanor, but with an open-container enhancement that gets bumped to a Class B misdemeanor. In practical terms, this effectively […]
On February 2, 2020, Harris County sheriff’s deputies responded to the scene of a fatal accident on Bammel North Houston Road and Champions Forest Drive. According to the Houston Chronicle, a man in the turning lane of Bammel North Houston Road “attempted to make a left turn onto Champion Forest Drive” on a flashing yellow […]
Even if you are not driving while intoxicated, it is still against the law in Texas to have an open container of alcohol in the passenger area of your vehicle. This means you can be stopped and cited by an officer if there is a half-empty beer can or wine bottle on the floor of […]
There is a common misconception that a police officer is always legally required to advise you of your constitutional rights before asking you questions. That is not exactly true. What the courts have actually said is that when a person has been arrested, or is otherwise “in custody,” they must be advised of their Fifth […]
When police suspect drunk driving played a role in an auto accident, they may seek to force the defendant to submit a blood sample under Texas’ implied consent law. But there are certain rules law enforcement must still follow in such cases. For example, Section 724.017 of the Texas Transportation Code states that only certain […]